The plaintiffs in the lawsuit challenging Burlington’s short-term rental regulations have appealed their case to the Vermont Supreme Court.
The lawsuit, first filed in Chittenden County Superior Court in July 2023, challenges the legality of Burlington’s short-term rental ordinance, which sought to clamp down on those who rent out properties using such services as Airbnb and VRBO.
The plaintiffs — three different individuals along with multiple business entities in Burlington — argued the city overstepped state law by setting duration limits and owner-occupied requirements for rental units.
Superior Court Judge Samuel Hoar issued a declaratory judgement on the matter on Nov. 19, dismissing the suit.
The appeal, filed on Dec. 13, challenges that ruling on procedural grounds. It asks the Supreme Court justices to decide whether the civil division of the superior court has the authority to dismiss the lawsuit, Liam Murphy, the plaintiffs’ attorney, said in an interview.
Murphy added that there are legal questions over whether the superior court’s civil division or the state environmental court should have the authority to decide the case.
In an email, Kimberlee Sturtevant, an assistant city attorney for Burlington, said the city “was pleased that the Superior Court confirmed the City’s authority to regulate short-term rentals and upheld the ordinance,” and added that the appeal before the Supreme Court was “limited to a procedural issue regarding jurisdiction and and no longer challenges the City’s authority to regulate short-term rentals.”
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The high-profile case has been closely watched in Burlington and beyond. Other municipalities, including South Burlington and Morrisville, have enacted similar regulations in efforts to safeguard the availability of housing for residents.
The plaintiffs in the appeal to the Supreme Court include three individuals — Sean Hurley, Kristin Baker and Petra Winslow — and a number of companies. The properties listed in the suit are mostly located in the city’s Old North End.
Burlington’s regulations prohibit short-term rentals in the city unless they are owner-occupied and define a short-term rental as a dwelling rented to guests for fewer than 30 consecutive days.
The penalty for noncompliance starts with a $100 civil fine and increases to $200 after the second violation.
Read the story on VTDigger here: Burlington short-term rental ruling appealed to Vermont Supreme Court.